How to Control the Dynamic Duty to Defend - Simply

$ 145.00

Choose Format:

Step 1: Select Desired Format

On-Demand

Webcast

Step 2:

Live Webcast/Rebroadcast - You watch the course online at the specified date and time shown below. You can ask questions and receive answers during the course.On-Demand - You watch the course anytime and will have access to the course 24/7. Our On-Demand courses are available within 5-10 business days after the original recording and accessible for one year.

Course Description

This program was recorded on January 18th, 2018

Liability insurance fuels the defense and settlement of millions of litigated cases every year. Securing valuable coverage starts with triggering the duty to defend by showing the mere possibility that a lawsuit could conceivably result in a covered judgment. Once triggered, insurers strongly favor controlling the defense through appointed dependent counsel despite the risk of potential ethical conflicts, but most American jurisdictions have adopted one of three rules, all of which focus on the ethical obligations of insurer appointed dependent counsel. Some insurers and their lawyers wrongfully seize control of the defense, thereby becoming vulnerable to early challenges for breach of fiduciary duties without costly coverage litigation. By simply sending Questionnaires [available with these course materials], policyholders may catch violators who, like a kid caught with his hand in the cookie jar, then tend to promptly settle cases to the satisfaction of plaintiffs and at no cost to the policyholder.

LawProCLE will seek approval of any CLE program where the registering attorney is primarily licensed with exceptions stated below. Application is made at the time an attorney registers for a course, therefore approval may not be received at the time of broadcasting.

LawProCLE does not seek approval in the state of Virginia.

Each state has its own governing rules and regulations with regards to CLE courses and formats, therefore please contact your state MCLE regulatory entity for further details about your state's rules. Please visit our State Requirements page for information regarding your state's CLE requirements and/or contact information for your state bar.

As stated in our Reciprocity Provision, LawProCLE will grant credit in the following states through reciprocity, therefore direct application will not be made in these states:

AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, and PR.

LawProCLE is dedicated to providing quality education from expert speakers and ensuring each attorney receives CLE credit for their participation. If for some reason a particular course does not receive approval in the attorney's primary state of licensure, LawProCLE will give credit for a future approved course or give a full refund, if applicable.

Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.

Basic liability insurance concepts:

McCarren Ferguson Act delegates insurance law to the states.

Policy contract language is standardized and universal,

Model codes have been enacted in many states, including the Field Code (Cal. Civ. Code § 2778) and the Unfair Claim Handling Practices Act (Cal. Ins. Code § 790.03(h).)

California is an incubator of duty to defend law: Gray v. Zurich and Cumis.

“Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability arising from a contingent or unknown event.” (Cal. Ins. Code § 22.)